Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -

Over the past several years, EmployNews has dutifully reported decision after decision from the National Labor Relations Board concluding that employees’ use of Facebook and other social media sites to complain about work,...more

In Richmond District Neighborhood Center, Case 20-CA-091748 (Oct. 28, 2014), the Board upheld an Administrative Law Judge’s ruling that a conversation between two employees, who were involved with student programming at the...more

As we reported previously, social media issues are troublesome for employers who must navigate unsettled or even conflicting federal and state laws and decisions. A recent ruling from the National Labor Relations Board...more

One provision of the National Labor Relations Act (NLRA) states that employees are protected from any form of employer retaliation when they commit “concerted protected activity,” which essentially means any form of activity...more

A Pew Foundation study earlier this year found that 87% of all adults in the United States access the Internet or email, either through computers or mobile devices. The same study found that of those adults, as many as 74%...more

Unlike many issues, it seems that at least one issue (so far) has the NLRB on the same page as a recent court decision: whether clicking “like” on Facebook amounts to substantive, protectable speech. In my earlier blog posts...more

In the past few years the National Labor Relations Board (“NLRB”) has taken an increased interest in whether workplace policies prohibiting employees from discussing the terms and conditions of their employment on social...more

A frequent headline in the news as of late has been “Federal Judge in State X finds same-sex marriage ban unconstitutional” and then shortly thereafter “Hundreds of couples marry in State X” complete with a picture of a...more

Last week, the U.S. Court of Appeals for the Fourth Circuit ruled that Facebook “likes” are a form of speech entitled to First Amendment protection. While this ruling has no direct impact on private employers in New York, the...more

Our first Corporate Law Report of the new year offers executives and in-house counsel a look at some of the key stories we are following right now:
What to do about Cybersecurity; how to handle social media from the...more

According to the Pew Research Center more than 50% of Facebook users are older than 35. While most are not posting images of themselves wasted at a party or a springbreak trip they believe that their Facebook page enjoys a...more

In the information age, it may be tempting for employers to seek out personal information about prospective employees before making a hiring decision and, given the number of social media outlets, including Facebook, it is...more